VICTIMS OF CRIME ASSISTANCE ACT 1996
VICTIMS OF CRIME ASSISTANCE ACT 1996
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Purpose and objectives of Act 2. Commencement 3. Definitions 4. Related criminal acts 5. Effect of death PART 2--ELIGIBILITY FOR ASSISTANCE Division 1--Primary victims 7. Who is a primary victim? 8. Assistance available to primary victims 8A. Special financial assistance to primary victims for significant adverse effects Division 2--Secondary victims 9. Who is a secondary victim? 10. Assistance available to secondary victims 10A. Additional assistance available to certain secondary victims Division 3--Related victim 11. Who is a related victim? 12. Related victim pool 13. Assistance available to any one related victim Division 4--Assistance for funeral expenses 15. Assistance available to person incurring funeral expenses for primary victim Division 5--Limits on assistance 16. Other entitlements to be taken into account 17. Loss of earnings 18. Applicant can only apply in one capacity PART 3--VICTIMS OF CRIME ASSISTANCE TRIBUNAL Division 1--The Tribunal 19. Establishment 20. Functions, powers and duties of Tribunal 21. Composition of Tribunal 22. Validity of proceedings 23. Tribunal staff 24. Delegation Division 2--Applications 25. Who may apply to the Tribunal? 26. Form of application 27. What application must set out 27A. Information to be given by related victim applicants 28. Where application is to be sent 29. Time for making application 29A. Right to withdraw an application Division 3--Procedure and powers of Tribunal 31. Standard of proof 32. Duty to act fairly and expeditiously 33. Determination without hearing 34. Fixing time and place for hearing 35. Who is entitled to appear at hearing? 36. How may a party appear? 37. Evidence 38. Procedure of Tribunal 39. Investigative powers of Tribunal 40. Power of registrar or Tribunal officer to obtain information 41. Power to adjourn 42. Hearings open to public unless Tribunal directs otherwise 42A. Inspection of documents 43. Tribunal may restrict publication of material 44. Procedural directions 45. Guidelines 46. Scale of costs 47. Payment of expenses to person entitled 48. Costs 49. Complaints about service providers Division 4--Awards 50. Making of awards 51. Assignment of rights to the State 52. Mandatory refusal of application 53. Reasonable time for reporting act of violence 54. Matters to which Tribunal must have regard 55. Form of payment 56. Interim awards Division 5--Rules and practice notes 57. Rules 58. Practice directions PART 4--REVIEW, VARIATION AND REFUNDS Division 1--Review 59. Review of Tribunal decisions 59A. Review of delegated Tribunal decisions Division 2--Variation of award 60. Variation of award Division 3--Refunds 61. Pursuing other remedies 62. Refund of award PART 5--MISCELLANEOUS 63. Protection of members, advocates and witnesses 64. Contempt of Tribunal 65. Inadmissibility of evidence in other proceedings 66. Fraud 67. False or misleading information 68. Annual report 69. Payments to and from Consolidated Fund 70. Investment of trust money 70A. Money held by Tribunal for person under disability 71. Supreme Court—limitation of jurisdiction 72. Regulations 76. Transitional provisions 77. Transitional provisions (2000 and 2003 Amending Acts) 78. Transitional provisions (2003 Amending Act) 79. Transitional provision (2007 Amending Act) 80. Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 81. Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 82. Transitional provision—Justice Legislation Amendment (Victims) Act 2018 SCHEDULE 1 ENDNOTES